Florida 'shoot first' law helps gangsters

[Stubob]

A ground-breaking law designed to allow the victims of crime to open fire without first trying to get away is allowing gangsters to get away with murder, according to law enforcement officials. Two years ago, Florida became the first state to pass the "Stand Your Ground" or “Shoot First” law that gave people the right to open fire if they felt threatened on the street or in their car. The legislation was championed by the powerful National Rifle Association

Interesting twist on the "Stand Your Ground" Law -

http://www.telegraph.co.uk/news/main.jhtml;jsessionid=5S2TGFTV3XY33QFIQMFCFFOAVCBQ YIV0?xml=/news/2007/11/22/wuspols122.xml

[Bill of Rights]

A ground-breaking law designed to allow the victims of crime to open fire without first trying to get away is allowing gangsters to get away with murder, according to law enforcement officials. Two years ago, Florida became the first state to pass the "Stand Your Ground" or “Shoot First” law that gave people the right to open fire if they felt threatened on the street or in their car. The legislation was championed by the powerful National Rifle Association

Interesting twist on the "Stand Your Ground" Law -

http://www.telegraph.co.uk/news/main.jhtml;jsessionid=5S2TGFTV3XY33QFIQMFCFFOAVCBQ YIV0?xml=/news/2007/11/22/wuspols122.xml

OK, first off, it's a British paper, and we all know how (most of) the British feel about guns. Secondly, well, it's a "news" paper, and we all know how (most) reporters feel about guns, so they're starting off with two big strikes against them. Someone from Florida, please comment here: If I recall correctly, Stand Your Ground and Castle Doctrine both refer to somewhere you have a legal right to be and also state that you can't be in the process of committing a crime at the time of the incident.

Thanks and Blessings,
B

I do not live in nor travel to FL, so I don't know the laws there.

[3gigabytes]

I have been a Florida resident for about 25 years and have recently gotten around to getting a CWP in FL...

1) Prior to the new law (2 years ago) a potential victim had a duty to flee if at all possible - the old law did not define how far or for how long a victim had to flee before they could use a firearm. The new law removed that duty to flee - referring to the new law as "stand your ground" or "shoot first" is just an inflammatory media stunt to get the public at large aggitated over the new law in an attempt to have it repealed.

2) I have several friends that work in the state attorney's office (as lawyers) and 1 good friend who is a judge - we have discussed this topic at some length. I have expressed an unpopular opinion but, as a general rule, gang bangers usually only shoot other gang bangers (with handguns at least) - who cares?!?!? We should thank them for decreasing their own numbers faster than the criminal justice system can!!! In terms of the defense put forth by their attorneys - if there are witnesses who will testify, the truth will come out at trial. Drive by shootings are another matter entirely and usually involve some sort of "assault weapon" fired from a car and usually involve innocent bystanders being shot and/or killed. Castle doctrine or any other justification has no place in the legal defense of this type of crime.

3) Lawyers defending 2 gang bangers who shot a 9 year old girl can (say they are going to) use any defense they like - it doens't mean they will and it doesn't mean that if they do they will succeed. The current Florida law states that deadly force may be (justifiably) used only if the shooter reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony, or prevent imminent death or great bodily harm to themselves or another. In addition, if you are the initial agressor, or are in the process of perpitrating a forcible felony yourself, you may not have the right to use deadly force at all, even in self-defense.

If I'm on the jury, the defendants are going to jail (and maybe even "the chair") unless the 9 year old had the means, ability, and opportunity to commit a forcible felony. I don't think it's sufficient to say something like "I thought she might have a weapon" as a defense - that doesn't justify the use of deadly force... Again, many times the whole case may hinge on whether there are any witnesses that will testify.

4) Here is an example of how the "new law" in Florida is good for us law abiding CWP holders >>> http://www.palmbeachpost.com/search/content/west/epaper/2007/12/19/s1b_ROAD_RAGE_1219.html

[liquibyte]

790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful. (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC23.HTM&Title=-%3E2007-%3ECh0790-%3ESection%2023#0790.23)

I think the following says it best and the judge that let this go by should now also be guilty of said felony:

(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

(a) Convicted of a felony in the courts of this state;

(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;

(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;

(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or

(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.

(2) This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored.

(3) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

[TampaSsgt]

A ground-breaking law designed to allow the victims of crime to open fire without first trying to get away is allowing gangsters to get away with murder, according to law enforcement officials. Two years ago, Florida became the first state to pass the "Stand Your Ground" or “Shoot First” law that gave people the right to open fire if they felt threatened on the street or in their car. The legislation was championed by the powerful National Rifle Association

Interesting twist on the "Stand Your Ground" Law -

http://www.telegraph.co.uk/news/main.jhtml;jsessionid=5S2TGFTV3XY33QFIQMFCFFOAVCBQ YIV0?xml=/news/2007/11/22/wuspols122.xml

Hmm, " .... according to Law Enforcement officials. " How convenient that they fail to mention what department. Was it FDLE, FBI, or Barney Fife from " Podunk Corners PD ? "

I know the Brits don't have the right to stand their ground, and I know the Liberal News Media WISHED we didn't have the right to stand our ground, but as for me ... I am damn glad I live in a state that I CAN stand my ground and not live in fear of some slimeball.

As far as allowing the " gangsters to get away with murder, " Well, they have been killing each other way before this law ever came in effect, and they will be killing each other way after this law has been in effect, AND they are killing each other in states that have NO stand your ground rights like Kali-Forn-Ya, Illinois, New York, and Washington DC.

Hopefully someday ( I doubt it ) these Liberals will see just how asinine they are in thinking that ... " If we could just get rid of all the guns, there would be no crime! ". Well, News Flash - See Kali-Forn-Ya, Illinois, New York and Washington DC !!!!! No guns allowed, but a heck of a lot of " gangster " murder going on!

[SOCIAL LIBERTARIAN]

Hmm, " .... according to Law Enforcement officials. " How convenient that they fail to mention what department. Was it FDLE, FBI, or Barney Fife from " Podunk Corners PD ? "

I know the Brits don't have the right to stand their ground, and I know the Liberal News Media WISHED we didn't have the right to stand our ground, but as for me ... I am damn glad I live in a state that I CAN stand my ground and not live in fear of some slimeball.

As far as allowing the " gangsters to get away with murder, " Well, they have been killing each other way before this law ever came in effect, and they will be killing each other way after this law has been in effect, AND they are killing each other in states that have NO stand your ground rights like Kali-Forn-Ya, Illinois, New York, and Washington DC.

Hopefully someday ( I doubt it ) these Liberals will see just how asinine they are in thinking that ... " If we could just get rid of all the guns, there would be no crime! ". Well, News Flash - See Kali-Forn-Ya, Illinois, New York and Washington DC !!!!! No guns allowed, but a heck of a lot of " gangster " murder going on!

Good post sir! However, not all Liberals are anti-gun. I know many pro-gun liberals. Thanks!